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HomeMy WebLinkAboutMinutes City Council - 07/03/1968PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 3, 1968 2:00 P.M. City Manager R. Marvin Townsend Assistant City Attorney Walter Chastain City Secretary T. Ray Kring Mayor Blackmon called the meeting to order. The Invocation was given by the Reverend James Billman, Pastor of the Central Park Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by Bradley and passed that the absence of Commis- sioner McDaniel be -excused for cause. The Minutes of the Special Council Meeting of June 17; Regular Meeting of June 19; Special Meeting of June 26; and Regular Meeting of June 26, 1968, were approved as furnished to the Council. Mayor Blackmon announced the Council would at this time hear from persons from the audience having made prior request for a place on the Agenda. Mr. Sam Allen, Realtor, 37h8 South Alameda, appeared on behalf of the Corpus Christi Board of Realtors and the Horne Builders Association, and read a statement signed by Mr. Allen, President; Ralph Cobb, Jr., Vice President, and Maurine Zimmerman, Secretary - Treasurer of the Board of Realtors; and Jon B. Held, President, William J. Shaw, 1st Vice President, A. F. Guthrie, 2nd Vice President, and Leland B. Ross, Secretary, of the Home Builders Association. The organizations wished to go on record that it is their belief that there is no need for the enactment of the proposed open housing ordinance on the basis that they believe all Americans are rapidly accepting the philosophy that there should be no discrimination in housing, nor in other areas, by reason of race, color, religion or national origin; that the U.S. Supreme Court, in"a ruling on June 17th 1968, held that the Civil Rights law enacted in 1866 is valid; that Title VIII of the recently enacted Civil Rights Act makes it unlawful to discriminate in housing procedures; and that they believe all dis- Minutes Regular Council Meeting July 3, 1968 Page 2 crimination should be eliminated by the common consent of all people. (Council Exhibit #II -68) In connection with the foregoing resolution, Mr. Jon B. Held stated that in every transaction of a developer or builder with the Federal Housing Administration there is an agreement signed that there will be no discrimination. Mr. Herman T. Anderson, 901 Utica Street, appeared and presented a petition signed by residents of the Flour Bluff area which he explained was a combination of signatures of a petition initiated by Mr. Clyde Stevens, the two combined petitions containing approxi- mately 298 signatures. He stated the petitions asked that the Council take whatever steps necessary to establish a drainage system on Glenoak Street from Flour Bluff Drive west to the Oso. Mr. Anderson pointed out that the water has been standing in these areas since Hurricane Beulah; that it is practically impossible to reach residences; that this situation creates a health hazard because of the mosquitoes; that the closed street, Glenoak to Flour Bluff Drive from Waldron Road, is a main traffic artery directing traffic away from Flour Bluff Schools, and that there is a need that the street be opened to traffic for the safety of school children. He stated that the petitioners feel that the City should take some immediate action to relieve this condition as it has existed over a period of time of almost a year, and has become increasingly worse with each heavy rain. (Petition #8-68) City Manager Townsend explained that plans had been drawn to raise the Street when the water level dropped, but stated that this hos not been possible because the water level had not dropped enough. He further stated it probably would be necessary to buy right of way for about half a mile through property owned by a person who does not want a drainage ditch. Developer Jon Held offered to donate the necessary right of way if the ditch can be routed to make use of his property. Mr. W. L. Bates, also a developer, offered his assistance and cooperation. The two developers were directed to contact City Engineer James Lontos. Mayor Blackmon directed that the City Manager bring to the workshop meeting next week a firm plan for emergency drainage of the area. Minutes Regular Council Meeting July 3, 1968 Page 3 Mr. Pat Morris, 1920 - 600 Building, representing the newly formed Woodlawn- Haas Civic Association filed with the Council a petition containing 137 signatures of residents in the Pharaoh Valley, Oso Bay Area, which petition requests that the Council not pass ordinances granting zoning changes for cases heard a long time before final passage of the ordinances. In support of the petition, Mr. Morris pointed out that in connection with a change of zoning granted to Pharaoh Enterprises, Ltd., in 1962, conditioned on the filing of a proper plat, at that time the entire area was undeveloped, and since 1962, the area has rapidly developed and has become exclusively residential, (a hearing was held and a Special Council Permit granted for limited business and apart- ment zoning at Nile and McArdle, and for Town Houses on McArdle at Rodd Field Road) occupied for the most part by single family dwellings; that recently an application has been made to the Board of Adjustment to permit a variance so that 90 apartment units could be built on a 3.11 acre tract described as Pharaoh Valley, Block A, Northeast; that families residing in the area have strongly protested and do now protest this attempt to alter the character of the development. He stated that this tract was zoned A -I by Council Ordinance passed May 5, 1966, without a public hearing, other than the 1962 hearing; that under the present regulations, Councils vote to approve zoning subject to the filing of a plat and it is sometimes years before a plat for development is filed; that the ordinance is then approved as a routine measure, and during all the intervening time, the zoning map shows the property as being at the lesser zoning; and stated that a the petitioners are asking that/hearing be held before any zoning change is finally passed. (Petition #9-68) Mr. Frank Peerman, developer of Pharaoh Valley, stated that Pharaoh Valley is being developed on the basis of a Master Plan prepared at the time the business zoning was requested in 1962, and stated that it is difficult to plat long-range developments in advance of the time of construction; that it has taken six years for the area to have enough residences to sustain the market for the property. City Manager Townsend stated the Council and Staff should give consideration r ;,t-.) ;rani Minutes Regular Council Meeting July 3, 1968 Page 4 as to whether or not it is a valid provision to grant a change of zoning contingent upon the filing of a plat, and that he sees no reason why the plat should not be filed at the time of the hearing and when the action is taken. Mayor Blackmon requested that a report from the Staff be submitted on all cases existing which have been approved conditioned on the filing of a plat on which ordin- ances have not been approved, and stated that possibly an amendment to the zoning ordinance would eliminate future cases by providing that rezoning changes become null and void if conditions are not met within six months. On request of Mr. Morris, Mayor Blackmon directed that the City Secretory give Mr. Morris telephone notice when cases in this area are put on the agenda for Council consideration. Mr. Paul Hollingsworth and Mrs. Dewey Murphy, whowere pieseht'for, the purpose of presenting a petition from the Gardendale area, were asked to contact City Secretary Kring relative to the new procedure for being placed on the agenda. Mayor Blackmon announced the pending item of the recessed public hearing on Application 4568-6, Mr. Harry R. Bamesberger, for change of zoning from "R -IB" to "A-2" on Lots 19, 20 & 21, Block 24, Del Mar Addition, which public hearing was opened on June 17, 1968, and recessed pending further information from the applicant as to the proposed amendment of the Master Traffic Plan for the reouting of traffic around -Si:x Points.. Mr. Ralph Bennett, architect, representing the applicant, pointed out on a map a proposal to move the extension of 7th Street access around the Six Points Area further to the South before merging back into South Alameda Street so as not to take any of the lots that are to be used in their proposed project. He re-emphasized his belief that this project would be an asset to this particular area. A lengthy discussion followed relative to the proposal presented and described by Mr. Bennett. City Manager Townsend stated a whole new concept would have to be adopted to make the proposal possible, and that this would take considerable revision and time, Minutes Regular Council Meeting July 3, 1968 Page 5 MQiion.by: Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the foregoing zoning matter be tabled for further consideration. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Sizemore and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the date of August 7, 1968, be set for a special assessment hearing on the proposed improvements on North Staples Street from Kinney to Interstate 37; b. That the date of August 14, 1968, be set for a special assessment hearing on Street Improvements on Up River Road from Leopard to Interstate 37; c. That the authority to amend the Fishing Pier Ordinance so as to reduce the live load requirement from 100 pounds to 50 pounds per square foot and to permit 2 -inch lumber for pier decking, be granted; d. That the request of Central Power & Light Company to establish a rate of $1.65 for 4,000 lumen mercury vapor lights and $2.50 {rather than $3.00), for 7,000 lumen mercury vapor lights, be approved; e. That an appropriation in the amount of $6,003.86 for reimbursement to the Saratoga Land Company, for street improvements around the park in Country Club Estates, Unit II Subdivision, as per final estimate dated June 19, 1968, be authorized; f. That the authority to reimburse the Sewer Fund in the amount of $71,363.64 for 5,176 feet of 10" and 8" main and 4,680 feet of 4" service line installed in Main Drive in Hudson Acres, be authorized; g. That the authority to advertise for bids on one small trenching machine for the Gas Division to be received on July 17, 1968, be granted; h. That the authority to sell four 1957 model GMC 31 passenger buses to the City of Athens on the basis of "as is where is", FOB Corpus Christi, with the purchaser paying for the unused mileage of the tires, be granted. 1 Minutes Regular Council Meeting July 3, 1968 Page 6 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH SEA AND SEA MOBILE HOMES, INC. FOR THE LEASING OF LOTS I AND IA, McBRIDE COMMERCIAL SITES, FORA MOBILE HOME SALES CENTER, FOR A TERM OF FOUR (4) YEARS AND ELEVEN (II) MONTHS, FOR A RENTAL OF $8,850, PAYABLE IN 59 INSTALLMENTS OF $150 EACH, BEGINNING AUGUST I,. 1968, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE, The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 9-58A, BY ADDING A SENTENCE THERETO FORBIDDING SPEED CONTESTS ANYWHERE BETWEEN THE BREAKWATER AND THE SEAWALL BOUNDED ON THE NORTH BY A LINE EXTENDING DUE WEST THROUGH THE MOST NORTHERN POINT ON THE BAY SURFACE OF THAT PORTION OF THE BREAKWATER EXTENDING SOUTHWARD FROM THE OPENING IN THE BREAKWATER NORTH OF THE CITY MARINA AREA AND SAID RESTRICTED AREA BEING BOUNDED ON THE SOUTH BY THE CONCRETE WALL AND WALKWAY EXTENDING FROM THE SOUTH END OF THE BREAKWATER TO THE SEAWALL; CONTAINING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8915 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF NORTH STAPLES STREET, FROM KINNEY AVENUE TO I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS: REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE- MENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO, 8916 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATE- MENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET Minutes Regular Council Meeting July 3, 1968 Page 7 IMPROVEMENTS ON NORTH STAPLES STREET, FROM KINNEY AVENUE TO I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON AUGUST 7, 1968, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8917 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF UPRIVER ROAD, LEOPARD STREET TO I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8918 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATE- MENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET IMPROVE- MENTS ON UPRIVER ROAD, FROM LEOPARD STREET TO I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST. SAID ABUTTING PROPERTY; OIWERING.AND SETTING AJHEARING,TO BE:HEARD.ON AUGUST 14, 1968, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. Minutes Regular Council Meeting July 3, 1968 Page 8 ORDINANCE NO. 8919 CLOSING THE 30 -FOOT DEDICATED BUT UNOPENED ROAD AS SHOWN ON THE PLAT OF LOTS 9 AND 16, SECTION 5, RANGE 9, GUGENHEIM AND COHN FARM LOTS, AS FILED OF RECORD IN VOL. A, PAGE 53, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID DEDICATED ROAD BEING SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye'; McDaniel absent. ORDINANCE NO. 8920 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF AMERICAN HOUSE MOVING COMPANY, BY GRANTING A SPECIAL. COUNCIL PERMIT FOR THE CONTINUATION OF THE EXISTING HOUSEMOVING OPERATION ON LOT 2A, FALLINS RIVERSIDE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8921 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED UPON APPLICATION OF MR. T. D. BOWEN AND MR. D. E. MAY, BY. AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 49 and 50, BLOCK 810, PORT ARANSAS CLIFFS, AN ADDITION TO THE CITY OF CORPUS CHRISTI , NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano and Roberts, present and voting "Aye"; Jimenez voting "Nay" and McDaniel absent. Minutes Regular Council Meeting July 3, 1968 Page 9 RESOLUTION NO. 8922 RESOLUTION OF THE COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, EX- TENDING AN INVITATION TO THE CITY OF VERA CRUZ, MEXICO, AS A SISTER - CITY IN THE PEOPLE -TO --PEOPLE PROGRAM AND INVITING THE PEOPLE OF VERA CRUZ TO PARTICIPATE IN SAID PROGRAM. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8923 REPEALING SECTION 23-12 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND ADOPTING IN LIEU THEREOF NEW SECTIONS, DESIGNATED AS SECTIONS 23-I2A, 23-126, 23-I2C, 23-I2D AND 23-12E, SO AS TO HEREAFTER MAKE IT UNLAWFUL FOR ANY PERSON TO KNOWINGLY GIVE, SELL OR LOAN TO A MINOR ANY MATERIAL DEFINED HEREIN: MAKING IT UNLAWFUL TO EXHIBIT TO A MINOR CERTAIN MATERIAL; MAKING IT UNLAWFUL TO GIVE OR DELIVER TO A MINOR CERTAIN MATERIAL; MAKING IT UNLAWFUL FOR A PERSON IN PARENTAL AUTHORITY OVER, OR CUSTODY OR CONTROL OF, A MINOR TO PERMIT THE MINOR TO POSSESS CERTAIN MATERIAL; DESCRIBING THE MATERIAL FORBIDDEN BY THE ORDINANCE AND DEFINING CERTAIN TERMS; PROVIDING FOR PENALTY;: PROVIDING FOR REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8924 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $6,003.86, APPLICABLE TO PROJECT NO, 220-61-81.12; AUTHORIZING REIMBURSEMENT TO THE DEVELOPER, SARATOGA LAND COMPANY, FOR STREET IMPROVEMENTS AROUND THE PARK IN COUNTRY CLUB ESTATES, UNIT 11 SUBDIVISION, IN CONNECTION WITH TERMS OF THE PLATTING ORDINANCE AND PER FINAL ESTIMATE DATED JUNE 19, 1968, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano and Roberts, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 8925 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF THE STATE OF TEXAS COUNTY OF MTECES CITY OF CORPUS CHRISTI : • NOTICE OF SPECIAL MN:E'lING TO THE MEMBERS OF THE CITY COUNCIL, •TETE CITY MANAGER, THE CITY SECRrJARY AND THE CITY ATTORNEY TO THE CITY OF CORPUS' CHRISTI, TEXAS: NOTICE is hereby given that a special meeting of the City Council Of the City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas, in the A -M., on the 26th dayof June , 1968, for the purpose of opening bids on various items of Annual Supply Contracts. •h DATED this the 25th day of June , 1968 JACK R. BLACKMON, MAYOR City of Corpus Christi, Texas • CONSENT TO =TING We, the undersigned members of the City Council., the City Manag the City Secretary and the City Attorney to the City of Corpus Christi, Texas, hereby accept service of the foregoing notice, waiving any and all irregularities in such service and consent and agree that said meeting ' shah be at the time and place therein named and for the purpose therein ed. DICK BP • ISSIONER RO GABE COMMISSIONER CO 1MISSIOICR I. M. S ORNLK 4169 1 - 1 OR PRO T EESSIOI M 4C DANIEL, COMISSIONER R. MAR '`.. • NS ,. CITY b EAG G, Cit t Secre